"No doubt we will eventually receive the details," said Lynn Harsh,
executive director of the Evergreen Freedom Foundation, "but we are likely
to get stalled until the legislature is ready to go home for the year. The
governor has to answer fewer questions that way."
On December 22, 2003, the Evergreen Freedom Foundation (EFF) requested a
copy of the Boeing agreement, which according to state law must be available
along with all relevant aspects of that document. When the Governor's Office
of Community Trade and Economic Development (CTED) gave EFF the agreement,
the referenced exhibits and numerous other cited documents were missing.
On January 9, 2004, EFF requested copies of all the supplemental documents
mentioned in the contract. We were sent heavily redacted or blank exhibits,
but not the other supplemental documents. It became apparent that CTED was
purposely recalcitrant and would require us to mention each and every document
referenced in the contract by name. So, on January 26, 2004, we did that.
In a fax received at 6:41 p.m. from CTED last night, they indicated it would
be at least 10 more business days before the remaining supplemental documents
from the legally binding Boeing agreement are available. Among those remaining
documents EFF is trying to obtain are Exhibits F and G. Exhibit F refers
to all the authorizing resolutions and ordinances necessary for the agreement.
Currently, this exhibit is blank. Exhibit G refers to the opinions of counsel
regarding the Boeing agreement, also currently blank. (Please
refer to our website for reasons why Exhibit G is essential to have during
the legislative session.)
We also requested a copy of the state's contract with the Boeing site selection
consultant and that consultant's report. In a January 23, 2004 letter, CTED
denied that the state had a contract with a Boeing consultant. However, $100,000
was allocated from the Governor's 2003 Emergency Fund to CTED for the purposes
of the "Boeing site selection." A December 21, 2003 Seattle
Times article ("How
Washington won the battle for the 7E7") identifies Mark Klender's
firm (Deloitte) as having been hired by the state.
"For a deal that supposedly isn't a secret, the state sure is making
it difficult to get a hold of all the details," said Harsh.
EFF is now considering taking legal action in order to receive the "unsecret"
and readily available details of the Boeing agreement in time for the necessary
legislative action.
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"